Ralston v. M'Clurg

Judge Marshall

delivered the Opinion of the Court.

This was an action of trespass, quare clausum, fregit, brought by M’Clurg against Ralston. And upon the case as submitted to the Circuit Judge for his decision, on the law and fact—the only question arising is one of boundary, the ascertainment of which seems to have been the only object of the parties.

The question arises on the survey of Joseph Ham, under whose patent the plaintiff in the action claims title, The boundaries of the survey, as stated in the patent are as follows: — beginning at William Richards’ north east corner of his fifty…